June 23, 2008

Supreme Court denies AY eminent domain appeal; state case would be more of a long shot

Atlantic Yards Report

Norman Oder offers a sober assessment of the chances of an eminent domain victory for Prospect Heights plaintiffs in New York State court, while enumerating the many significant challenges still facing the Atlantic Yards project.

The Supreme Court's decision, announced today, to reject the Atlantic Yards eminent domain case, Goldstein v. Pataki, is certainly a setback for project opponents, though the case was always a long shot.

Remember that the decision does not mean that the cases below were decided correctly, just that the appeal didnt present enough issues of law--conflicts in the interpretation of the 6/23/05 Kelo v. New London decision--to merit review.

Develop Don't Destroy Brooklyn indicates that it will organize a case to be filed in state court. That is surely more of a long shot than the federal case, but even that case might delay key elements of project--the acquisition of property via emiment domain and the opportunity to issue bonds for construction--by several months. Then again, some of the 11 plaintiffs in the federal case may feel increasing pressure to settle.